POST TEST #1 LD 5,15,16,20,39
3 origins of law - -Constitutional, statutory and case law
Constitutional Law - -Rules and provisions found in the federal and state
constitutions
Statutory Law - -Written laws enacted by a legislative body
Case Law - -Previous appellate court decisions that are binding on lower court
decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - -The law is strictly applied in accordance with the literal meaning
of the statute, leaving no room for interpretation
Spirit of the law - -The law is applied in accordance with the intent of the legislature,
the promotion of fairness and justice, and not solely in literal compliance with the words of
the statute
Criminal Law - -Violations of the criminal statutes
Civil Law - -Non-criminal violations of the law or private wrongs committed by one
person of another (civil wrong called a tort)
Tort by omission - -Omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
PC 15 - -Defines a crime or public offense
Penalties:
Death
Imprisonment
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Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Elements of a crime - -The basic facts that must be proven by the prosecution to
sustain a conviction
Intent - -A mental state or frame of mind that the person knowingly did the particular
crime
Transferred intent - -When an unlawful act affects a person other than, or in addition
to, the person it was intended to affect
Criminal Negligence - -A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
Attempt crimes not defined in penal codes - -Charged under the general provisions
of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
Attempted crime elements - -An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - -Commission of a prohibited act, or an
omission of a required act
Presence of a designated state of mind (intent)
3 crime categories - -Felonies, Misdemeanors, and Infractions
Felony - -A crime punishable by a fine, and/or imprisonment in a state prison, death
or removal from office
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PC 17
Misdemeanor - -A crime of lesser gravity than a felony, punishable by a fine and/or
imprisonment in a county jail
PC 19
Wobbler - -A crime that can be punished either as a felony or misdemeanor
Infraction - -A public offense punishable by a fine only
PC 31 - -Principle include all persons involved in the commission of a crime (need
not to be present)
Aids and Abets - -If he or she actively assists, supports, promotes, encourages,
strengthens, or instigates by act or advice in the commission of the offense
Accesory - -Anyone who, after a felony, has committed:
• Has knowledge that the principal has committed, been charged with or has been
convicted of committing a felony
• Harbors, conceals, or aids in a principal in a felony
• Has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or
punishment
Accomplice - -When a principal to a crime testifies for the prosecution against
another principal
PC 1111
